Sponsor: Rep Paul,
Ron (introduced 2/8/2001) D.C.
Phone: 202-225-2831
District Phone: 361-576-123
Latest Major Action: 2/8/2001 Referred to House committee
Title: Expressing the sense of the Congress that President George
W. Bush should declare to all nations that the United States
does not intend to assent to or ratify the International Criminal
Court Treaty, also referred to as the Rome Statute of the International
Criminal Court, and the signature of former President Clinton
to that treaty should not be construed otherwise.

Rep Jones, Walter B.,
Jr. (R-NC) - 2/8/2001D.C.
Phone: 202-225-3415
District Phone: 252-931-1003Sponsor: Rep Paul, Ron (introduced 2/8/2001)
Latest Major Action: 2/8/2001 Referred to House committee
Title: Expressing the sense of the Congress that President George
W. Bush should declare to all nations that the United States
does not intend to assent to or ratify the International Criminal
Court Treaty, also referred to as the Rome Statute of the International
Criminal Court, and the signature of former President Clinton
to that treaty should not be construed otherwise. HCON
23 IH

107th CONGRESS

1st Session

H. CON. RES. 23

Expressing the sense of the
Congress that President George W. Bush should declare to all
nations that the United States does not intend to assent to or
ratify the International Criminal Court Treaty, also referred
to as the Rome Statute of the International Criminal Court, and
the signature of former President Clinton to that treaty should
not be construed otherwise.

IN THE HOUSE OF REPRESENTATIVES

February 8, 2001

Mr. PAUL (for himself, Mr.
GOODE, Mr. JONES of North Carolina, Mr. BARTLETT of Maryland,
and Mr. DUNCAN) submitted the following concurrent resolution;
which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Expressing the sense of the
Congress that President George W. Bush should declare to all
nations that the United States does not intend to assent to or
ratify the International Criminal Court Treaty, also referred
to as the Rome Statute of the International Criminal Court, and
the signature of former President Clinton to that treaty should
not be construed otherwise.

Whereas the International Criminal
Court Treaty would establish the International Criminal Court
as an international authority with power to threaten the ability
of the United States to engage in military action to provide
for its national defense;

Whereas former President Clinton's
designee signed the International Criminal Court Treaty on December
31, 2000;

Whereas the term `crimes of
aggression', as used in the treaty, is not specifically defined
and therefore would, by design and effect, require the United
States to receive prior United Nations Security Council approval
and International Criminal Court confirmation before engaging
in military action, thereby putting United States military officers
in jeopardy of an International Criminal Court prosecution;

Whereas the International Criminal
Court Treaty creates the possibility that United States civilians,
like United States military personnel, could be brought before
a court that bypasses the United States Government;

Whereas the people of the United
States are self-governing, and they have a constitutional right
to be tried in accordance with the laws that their elected representatives
enact and to be judged by their peers and no others;

Whereas the treaty would subject
United States individuals who appear before the International
Criminal Court to trial and punishment without the rights and
protections that the United States Constitution guarantees, including
trial by a jury of one's peers, protection from double jeopardy,
the right to know the evidence brought against one, the right
to confront one's accusers, and the right to a speedy trial;

Whereas the Supreme Court stated
in Missouri v. Holland, 252 U.S. 416, 433 (1920), Reid v. Covert,
354 U.S. 1 (1957), and DeGeofrey v. Riggs, 133 U.S. 258, 267
(1890) that the United States Government may not enter into a
treaty that contravenes prohibitory words in the United States
Constitution because the treaty power does not authorize what
the Constitution forbids;

Whereas the 1969 Vienna Convention
on the Law of Treaties provides that a party is not bound to
a treaty unless it has consented to be bound;

Whereas the International Criminal
Court Treaty breaks substantially with accepted norms of international
law because it extends its jurisdiction even to the nationals
of countries that do not sign and ratify the treaty;

Whereas the International Criminal
Court would be empowered unilaterally to investigate, try, and
punish certain crimes, contrary to the current international
norm of affording countries the primary responsibility for punishing
these crimes;

Whereas approval of the International
Criminal Court Treaty is in fundamental conflict with the constitutional
oaths of the President and Senators, because the United States
Constitution clearly provides that `[a]ll legislative powers
shall be vested in a Congress of the United States', and vested
powers cannot be transferred;

Whereas each of the 4 types
of offenses over which the International Criminal Court may obtain
jurisdiction is within the legislative and judicial authority
of the United States;

Whereas the International Criminal
Court Treaty creates a supranational court that would exercise
the judicial power constitutionally reserved only to the United
States and thus is in direct violation of the United States Constitution;

Whereas in order to make a
treaty, the United States Constitution requires the President
to obtain the advice and consent of the Senate and the concurrence
of the Senate by a 2/3 vote; and

Whereas former President Clinton
signed the International Criminal Court Treaty but expressed
his intention not to submit the treaty to the Senate, thereby
rendering his act procedurally inadequate and unconstitutional:
Now, therefore, be it

Resolved by the House of Representatives
(the Senate concurring), That it is the sense of Congress that--

(1) the International Criminal
Court Treaty, also referred to as the Rome Statute of the International
Criminal Court, undermines United States sovereignty and security,
conflicts with the United States Constitution, contradicts customs
of international law, and violates the inalienable rights of
self-government, individual liberty, and popular sovereignty;
and

(2) President George W. Bush
should declare to all nations that the United States does not
intend to assent to or ratify the treaty and the signature of
former President Clinton to the treaty should not be construed
otherwise.

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